Natubhai Nanubhai Patel v. The Union Of India And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1311 OF 2021 Natubhai Nanubhai Patel ..

Applicant

Versus

The Union of India & Anr.

..

Respondents ...

Mr.Aabad Ponda, Senior Advocate i/b Mr.Bhomesh R. Bellam for the Applicant.

Mr.Bharat Mirchandani h/f Mr.H.S.Vengavkar for the Respondent No.1/UOI.

Ms.A.A.Takalkar, A.P.P. for the State/Respondent. Mr.Advait Shukla h/f Ms.Keral Mehta for the Respondent No.2. ...

CORAM: BHARATI DANGRE, J.

DATED : 26th AUGUST, 2022 P.C:- 1.

While the arguments were being heard, learned senior counsel Mr.Ponda, has invited my attention to a subsequent development, being an another C.R. registered on 11/12/2020 with Coastal Police Station under Section 195A read with Section 34 of IPC as against several of the accused persons, who were charge-sheeted in C.R.No.6 of 2022, which includes the present applicant.

M.M.Salgaonkar

2/2 10 BA-1311-21.doc 2.

A perusal of the charge-sheet fled in the said C.R. and the supplementary statement of the complainant at page 347, would reveal that it is alleged that the accused persons had attempted to contact the prosecutrix and pressurise her for withdrawal of the complaint, which she has fled. Holding that, this amounts to interference in the prosecution case, an offence under Section 195-A has been registered and the applicant came to be arrested in the said C.R. and he is now at fate accompli, since, until he is released on bail in the subsequent C.R., registered on 11/12/2020, his release in the present application, even if the Court arrives at the conclusion that he deserves his release, will not ensure him his liberty. 3.

In the wake of the subsequent development, the present application deserves to be disposed off, with a liberty being conferred upon the applicant to fle a fresh application, in the contingency, if the applicant is able to procure an order of release in C.R.No.0020 of 2022, registered on 11/12/2020. 4.

Reserving the aforesaid liberty, the application stands disposed off.

( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar